In Brief
Mala Devi, widow of a temporary railway servant, sought family pension after her husband's death in 1996 following 9 years 8 months 26 days of service—falling 3 months short of the 10-year threshold. The Central Administrative Tribunal and High Court denied the claim, reasoning that regularization of employment was necessary. The Supreme Court held that under Rule 75 of the Railway Service (Pension) Rules, 1993, a temporary servant who completes one year of continuous service and dies in harness is entitled to family pension regardless of regularization status. The deceased had acquired temporary status through proper screening and exceeded the one-year threshold. The Court set aside the lower orders, granted family pension with arrears, and awarded ex-gratia relief of Rs. 5 lakh.
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